Case 1:06-cv-00786-SLR
Document 14
Filed 04/13/2007
Page 1 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LYNN HARRIS, Petitioner, v. THOMAS CARROLL, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )
Civ.Act.No. 06-786-***
MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED STATE COURT RECORDS 1. The petitioner, Lynn Harris, has applied for federal habeas relief, alleging
error by the state courts. D.I. 2. The undersigned filed an answer to the petition on April 13, 2007. 2. By the terms of the Court's order, the respondents are directed to attach to
the answer certified copies of the state court records material to the questions raised in the petitioner's appeal. 3. Due to the large volume of record retrieval recently required by
prosecutors in the appeals division, the undersigned has been unable to obtain the certified state court records in order to file them contemporaneously with the answer. The undersigned anticipates obtaining and copying the records on or before May 15, 2007. 4. records. This is respondents' FIRST request for an extension of time to file
Case 1:06-cv-00786-SLR
Document 14
Filed 04/13/2007
Page 2 of 5
5.
Respondents submit that an extension of time to May 15, 2007 in which to
file certified copies of the material portions of the state court records in this case is reasonable. Respondents submit herewith a proposed order.
/s/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4612 DATE: April 13, 2007
Case 1:06-cv-00786-SLR
Document 14
Filed 04/13/2007
Page 3 of 5
RULE 7.1.1 CERTIFICATION I hereby certify that I have neither sought nor obtained the consent of the petitioner, who is incarcerated and appearing pro se, to the subject matter of this motion.
/s/ James T. Wakley Deputy Attorney General
Counsel for Respondents
Date: April 13, 2007
Case 1:06-cv-00786-SLR
Document 14
Filed 04/13/2007
Page 4 of 5
CERTIFICATE OF SERVICE I hereby certify that on April 13, 2007, I electronically filed the attached documents with the Clerk of Court using CM/ECF. I also hereby certify that on April 13, 2007, I have mailed by United States Postal Service, the same documents to the following non-registered participant:
Lynn Harris SBI No. 297441 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 /s/ James T. Wakley Deputy Attorney General Department of Justice 820 N. French Street Wilmington, DE 19801 (302) 577-8500 Del. Bar. ID No. 4612 [email protected] Date: April 13, 2007
Case 1:06-cv-00786-SLR
Document 14
Filed 04/13/2007
Page 5 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LYNN HARRIS, Petitioner, v. THOMAS CARROLL, Warden and JOSEPH R. BIDEN, III, Attorney General for the State of Delaware Respondents. ) ) ) ) ) ) ) ) ) ) )
Civ.Act.No. 06-786-***
ORDER This _____day of _________________________, 2007, WHEREAS, respondents having requested an extension of time in which to file certified state court records, and, WHEREAS, it appearing to the Court that the requested extension is timely made and good cause has been shown for the extension, IT IS HEREBY ORDERED that certified state court records related to this matter shall be filed on or before May 15, 2007
____________________________ United States District Judge